HB 397

1	A bill to be entitled
2	An act relating to criminal conduct; amending s. 827.03,
3	F.S.; defining the term "mental injury" with respect to
4	the offenses of child abuse and aggravated child abuse;
5	requiring an expert witness who testifies regarding a
6	child's mental injury to have certain credentials;
7	providing affirmative defenses to the offenses of child
8	abuse, aggravated child abuse, and neglect; amending ss.
9	775.084, 775.0877, 782.07, 921.0022, and 948.062, F.S.;
10	conforming cross-references; amending s. 960.03, F.S.;
11	redefining the term "crime" for purposes of crime victim
12	compensation to include additional forms of injury;
13	providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 827.03, Florida Statutes, is amended to
18	read:
19	827.03  Abuse, aggravated abuse, and neglect of a child;
20	penalties.-
21	(1)  DEFINITIONS.-For purposes of this section:
22	(a)  "Aggravated child abuse" occurs when a person:
23	1.  Commits aggravated battery on a child;
24	2.  Willfully tortures, maliciously punishes, or willfully
25	and unlawfully cages a child; or
26	3.  Knowingly or willfully abuses a child and in so doing
27	causes great bodily harm, permanent disability, or permanent
28	disfigurement to the child.
29	(b)  "Child abuse" means:
30	1.(a)  Intentional infliction of physical or mental injury
31	upon a child;
32	2.(b)  An intentional act that could reasonably be expected
33	to result in physical or mental injury to a child; or
34	3.(c)  Active encouragement of any person to commit an act
35	that results or could reasonably be expected to result in
36	physical or mental injury to a child.
37
38	A person who knowingly or willfully abuses a child without
39	causing great bodily harm, permanent disability, or permanent
40	disfigurement to the child commits a felony of the third degree,
41	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
42	(2)  "Aggravated child abuse" occurs when a person:
43	(a)  Commits aggravated battery on a child;
44	(b)  Willfully tortures, maliciously punishes, or willfully
45	and unlawfully cages a child; or
46	(c)  Knowingly or willfully abuses a child and in so doing
47	causes great bodily harm, permanent disability, or permanent
48	disfigurement to the child.
49
50	A person who commits aggravated child abuse commits a felony of
51	the first degree, punishable as provided in s. 775.082, s.
52	775.083, or s. 775.084.
53	(c)  "Maliciously" means wrongfully, intentionally, and
54	without legal justification or excuse. Maliciousness may be
55	established by circumstances from which one could conclude that
56	a reasonable parent would not have engaged in the damaging acts
57	toward the child for any valid reason and that the primary
58	purpose of the acts was to cause the victim unjustifiable pain
59	or injury.
60	(d)  "Mental injury" means injury to the intellectual or
61	psychological capacity of a child as evidenced by a discernible
62	and substantial impairment in the ability of the child to
63	function within the normal range of performance and behavior as
64	supported by expert testimony. A person may not give expert
65	testimony regarding mental injury unless that person is a
66	physician licensed under chapter 458 or chapter 459, board-
67	certified in psychiatry, or a psychologist licensed under
68	chapter 490, and, during the 3 years immediately preceding the
69	date of the alleged injury, has devoted professional time to the
70	active clinical practice of, or consulting with respect to, a
71	specialty that includes the evaluation, diagnosis, or treatment
72	of the condition that is the subject of the offense. The expert
73	testimony requirements apply only to criminal court cases, not
74	to family court or dependency court cases.
75	(e)(3)(a)  "Neglect of a child" means:
76	1.  A caregiver's failure or omission to provide a child
77	with the care, supervision, and services necessary to maintain
78	the child's physical and mental health, including, but not
79	limited to, food, nutrition, clothing, shelter, supervision,
80	medicine, and medical services that a prudent person would
81	consider essential for the well-being of the child; or
82	2.  A caregiver's failure to make a reasonable effort to
83	protect a child from abuse, neglect, or exploitation by another
84	person.
85
86	Except as otherwise provided in this section, neglect of a child
87	may be based on repeated conduct or on a single incident or
88	omission that results in, or could reasonably be expected to
89	result in, serious physical or mental injury, or a substantial
90	risk of death, to a child.
91	(2)  OFFENSES.-
92	(a)  A person who commits aggravated child abuse commits a
93	felony of the first degree, punishable as provided in s.
94	775.082, s. 775.083, or s. 775.084.
95	(b)  A person who willfully or by culpable negligence
96	neglects a child and in so doing causes great bodily harm,
97	permanent disability, or permanent disfigurement to the child
98	commits a felony of the second degree, punishable as provided in
99	s. 775.082, s. 775.083, or s. 775.084.
100	(c)  A person who knowingly or willfully abuses a child
101	without causing great bodily harm, permanent disability, or
102	permanent disfigurement to the child commits a felony of the
103	third degree, punishable as provided in s. 775.082, s. 775.083,
104	or s. 775.084.
105	(d)(c)  A person who willfully or by culpable negligence
106	neglects a child without causing great bodily harm, permanent
107	disability, or permanent disfigurement to the child commits a
108	felony of the third degree, punishable as provided in s.
109	775.082, s. 775.083, or s. 775.084.
110	(3)  AFFIRMATIVE DEFENSES.-
111	(a)  If the offense is based solely on oral statements of
112	the defendant, it is an affirmative defense to a prosecution
113	under this section that the conduct giving rise to the offense
114	was solely speech protected by the First Amendment to the United
115	States Constitution. This affirmative defense does not apply to
116	speech that was directed to inciting or producing imminent
117	lawless action and that was likely to incite or produce such
118	action.
119	(b)  If the offense is based solely on a claim of mental
120	injury because of a caregiver's failure to make a reasonable
121	effort to protect a child from an abuser other than the
122	defendant, it is an affirmative defense to a prosecution under
123	this section that the defendant was a victim of an act of
124	domestic violence or had reasonable cause to believe that he or
125	she was about to become a victim of an act of domestic violence
126	as defined in s. 741.28, and the defendant had reasonable cause
127	to believe that the action or failure to act was necessary in
128	order for the defendant to escape from, or protect himself or
129	herself from, the domestic violence or to preserve the minor or
130	incompetent person from exposure to domestic violence. However,
131	this affirmative defense is not available to any person in
132	relation to instances of child abuse arising after the defense
133	has been previously asserted with respect to the same abuser.
134	(4)  For purposes of this section, "maliciously" means
135	wrongfully, intentionally, and without legal justification or
136	excuse. Maliciousness may be established by circumstances from
137	which one could conclude that a reasonable parent would not have
138	engaged in the damaging acts toward the child for any valid
139	reason and that the primary purpose of the acts was to cause the
140	victim unjustifiable pain or injury.
141	Section 2.  Paragraph (d) of subsection (1) of section
142	775.084, Florida Statutes, is amended to read:
143	775.084  Violent career criminals; habitual felony
144	offenders and habitual violent felony offenders; three-time
145	violent felony offenders; definitions; procedure; enhanced
146	penalties or mandatory minimum prison terms.-
147	(1)  As used in this act:
148	(d)  "Violent career criminal" means a defendant for whom
149	the court must impose imprisonment pursuant to paragraph (4)(d),
150	if it finds that:
151	1.  The defendant has previously been convicted as an adult
152	three or more times for an offense in this state or other
153	qualified offense that is:
154	a.  Any forcible felony, as described in s. 776.08;
155	b.  Aggravated stalking, as described in s. 784.048(3) and
156	(4);
157	c.  Aggravated child abuse, as described in s. 827.03(2);
158	d.  Aggravated abuse of an elderly person or disabled
159	adult, as described in s. 825.102(2);
160	e.  Lewd or lascivious battery, lewd or lascivious
161	molestation, lewd or lascivious conduct, or lewd or lascivious
162	exhibition, as described in s. 800.04 or s. 847.0135(5);
163	f.  Escape, as described in s. 944.40; or
164	g.  A felony violation of chapter 790 involving the use or
165	possession of a firearm.
166	2.  The defendant has been incarcerated in a state prison
167	or a federal prison.
168	3.  The primary felony offense for which the defendant is
169	to be sentenced is a felony enumerated in subparagraph 1. and
170	was committed on or after October 1, 1995, and:
171	a.  While the defendant was serving a prison sentence or
172	other sentence, or court-ordered or lawfully imposed supervision
173	that is imposed as a result of a prior conviction for an
174	enumerated felony; or
175	b.  Within 5 years after the conviction of the last prior
176	enumerated felony, or within 5 years after the defendant's
177	release from a prison sentence, probation, community control,
178	control release, conditional release, parole, or court-ordered
179	or lawfully imposed supervision or other sentence that is
180	imposed as a result of a prior conviction for an enumerated
181	felony, whichever is later.
182	4.  The defendant has not received a pardon for any felony
183	or other qualified offense that is necessary for the operation
184	of this paragraph.
185	5.  A conviction of a felony or other qualified offense
186	necessary to the operation of this paragraph has not been set
187	aside in any postconviction proceeding.
188	Section 3.  Subsection (1) of section 775.0877, Florida
189	Statutes, is amended to read:
190	775.0877  Criminal transmission of HIV; procedures;
191	penalties.-
192	(1)  In any case in which a person has been convicted of or
193	has pled nolo contendere or guilty to, regardless of whether
194	adjudication is withheld, any of the following offenses, or the
195	attempt thereof, which offense or attempted offense involves the
196	transmission of body fluids from one person to another:
197	(a)  Section 794.011, relating to sexual battery,
198	(b)  Section 826.04, relating to incest,
199	(c)  Section 800.04(1), (2), and (3), relating to lewd,
200	lascivious, or indecent assault or act upon any person less than
201	16 years of age,
202	(d)  Sections 784.011, 784.07(2)(a), and 784.08(2)(d),
203	relating to assault,
204	(e)  Sections 784.021, 784.07(2)(c), and 784.08(2)(b),
205	relating to aggravated assault,
206	(f)  Sections 784.03, 784.07(2)(b), and 784.08(2)(c),
207	relating to battery,
208	(g)  Sections 784.045, 784.07(2)(d), and 784.08(2)(a),
209	relating to aggravated battery,
210	(h)  Section 827.03(1), relating to child abuse,
211	(i)  Section 827.03(2), relating to aggravated child abuse,
212	(j)  Section 825.102(1), relating to abuse of an elderly
213	person or disabled adult,
214	(k)  Section 825.102(2), relating to aggravated abuse of an
215	elderly person or disabled adult,
216	(l)  Section 827.071, relating to sexual performance by
217	person less than 18 years of age,
218	(m)  Sections 796.03, 796.07, and 796.08, relating to
219	prostitution, or
220	(n)  Section 381.0041(11)(b), relating to donation of
221	blood, plasma, organs, skin, or other human tissue,
222
223	the court shall order the offender to undergo HIV testing, to be
224	performed under the direction of the Department of Health in
225	accordance with s. 381.004, unless the offender has undergone
226	HIV testing voluntarily or pursuant to procedures established in
227	s. 381.004(3)(h)6. or s. 951.27, or any other applicable law or
228	rule providing for HIV testing of criminal offenders or inmates,
229	subsequent to her or his arrest for an offense enumerated in
230	paragraphs (a)-(n) for which she or he was convicted or to which
231	she or he pled nolo contendere or guilty. The results of an HIV
232	test performed on an offender pursuant to this subsection are
233	not admissible in any criminal proceeding arising out of the
234	alleged offense.
235	Section 4.  Subsection (3) of section 782.07, Florida
236	Statutes, is amended to read:
237	782.07  Manslaughter; aggravated manslaughter of an elderly
238	person or disabled adult; aggravated manslaughter of a child;
239	aggravated manslaughter of an officer, a firefighter, an
240	emergency medical technician, or a paramedic.-
241	(3)  A person who causes the death of any person under the
242	age of 18 by culpable negligence under s. 827.03(1)(e)(3)
243	commits aggravated manslaughter of a child, a felony of the
244	first degree, punishable as provided in s. 775.082, s. 775.083,
245	or s. 775.084.
246	Section 5.  Paragraphs (f), (g), and (i) of subsection (3)
247	of section 921.0022, Florida Statutes, are amended to read:
248	921.0022  Criminal Punishment Code; offense severity
249	ranking chart.-
250	(3)  OFFENSE SEVERITY RANKING CHART
251	(f)  LEVEL 6
252
	FloridaStatute FelonyDegree Description
253
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
254
	499.0051(3) 2nd Knowing forgery of pedigree papers.
255
	499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
256
	499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
257
	775.0875(1) 3rd Taking firearm from law enforcement officer.
258
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
259
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
260
	784.041 3rd Felony battery; domestic battery by strangulation.
261
	784.048(3) 3rd Aggravated stalking; credible threat.
262
	784.048(5) 3rd Aggravated stalking of person under 16.
263
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
264
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
265
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
266
	784.081(2) 2nd Aggravated assault on specified official or employee.
267
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
268
	784.083(2) 2nd Aggravated assault on code inspector.
269
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
270
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
271
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
272
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
273
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
274
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
275
	794.05(1) 2nd Unlawful sexual activity with specified minor.
276
	800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
277
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
278
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
279
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
280
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
281
	812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
282
	812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
283
	812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
284
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
285
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
286
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
287
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
288
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
289
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
290
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
291
	827.03(2)(c)(1) 3rd Abuse of a child.
292
	827.03(2)(d)(3)(c) 3rd Neglect of a child.
293
	827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
294
	836.05 2nd Threats; extortion.
295
	836.10 2nd Written threats to kill or do bodily injury.
296
	843.12 3rd Aids or assists person to escape.
297
	847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
298
	847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
299
	847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
300
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
301
	944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
302
	944.40 2nd Escapes.
303
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
304
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
305
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
306
307	(g)  LEVEL 7
308
	FloridaStatute FelonyDegree Description
309
	316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
310
	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
311
	316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
312
	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
313
	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
314
	409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
315
	409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
316
	456.065(2) 3rd Practicing a health care profession without a license.
317
	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
318
	458.327(1) 3rd Practicing medicine without a license.
319
	459.013(1) 3rd Practicing osteopathic medicine without a license.
320
	460.411(1) 3rd Practicing chiropractic medicine without a license.
321
	461.012(1) 3rd Practicing podiatric medicine without a license.
322
	462.17 3rd Practicing naturopathy without a license.
323
	463.015(1) 3rd Practicing optometry without a license.
324
	464.016(1) 3rd Practicing nursing without a license.
325
	465.015(2) 3rd Practicing pharmacy without a license.
326
	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
327
	467.201 3rd Practicing midwifery without a license.
328
	468.366 3rd Delivering respiratory care services without a license.
329
	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
330
	483.901(9) 3rd Practicing medical physics without a license.
331
	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
332
	484.053 3rd Dispensing hearing aids without a license.
333
	494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
334
	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
335
	560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
336
	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
337
	775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
338
	775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
339
	775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
340
	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
341
	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
342
	782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
343
	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
344
	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
345
	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
346
	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
347
	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
348
	784.048(7) 3rd Aggravated stalking; violation of court order.
349
	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
350
	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
351
	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
352
	784.081(1) 1st Aggravated battery on specified official or employee.
353
	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
354
	784.083(1) 1st Aggravated battery on code inspector.
355
	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
356
	790.16(1) 1st Discharge of a machine gun under specified circumstances.
357
	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
358
	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
359
	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
360
	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
361
	790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
362
	794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
363
	796.03 2nd Procuring any person under 16 years for prostitution.
364
	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
365
	800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
366
	806.01(2) 2nd Maliciously damage structure by fire or explosive.
367
	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
368
	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
369
	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
370
	810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
371
	812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
372
	812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
373
	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
374
	812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
375
	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
376
	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
377
	812.131(2)(a) 2nd Robbery by sudden snatching.
378
	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
379
	817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
380
	817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
381
	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
382
	817.2341(2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
383
	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
384
	825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
385
	827.03(2)(b)(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
386
	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
387
	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
388
	838.015 2nd Bribery.
389
	838.016 2nd Unlawful compensation or reward for official behavior.
390
	838.021(3)(a) 2nd Unlawful harm to a public servant.
391
	838.22 2nd Bid tampering.
392
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
393
	847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
394
	872.06 2nd Abuse of a dead human body.
395
	874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
396
	893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
397
	893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
398
	893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
399
	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
400
	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
401
	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
402
	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
403
	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
404
	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
405
	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
406
	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
407
	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
408
	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
409
	893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
410
	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
411
	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
412
	943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
413
	943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
414
	943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
415
	943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
416
	943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
417
	944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
418
	944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
419
	944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
420
	944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
421
	985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
422
	985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
423
	985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
424
425	(i)  LEVEL 9
426
	FloridaStatute FelonyDegree Description
427
	316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
428
	327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
429
	409.920(2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
430
	499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
431
	560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
432
	560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
433
	655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
434
	775.0844 1st Aggravated white collar crime.
435
	782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
436
	782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
437
	782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
438
	782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
439
	787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
440
	787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
441
	787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
442
	787.02(3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
443
	790.161 1st Attempted capital destructive device offense.
444
	790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
445
	794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
446
	794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
447
	794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
448
	794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
449
	794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
450
	800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
451
	812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
452
	812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
453
	812.135(2)(b) 1st Home-invasion robbery with weapon.
454
	817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
455
	827.03(2)(a) 1st Aggravated child abuse.
456
	847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
457
	847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
458
	859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
459
	893.135 1st Attempted capital trafficking offense.
460
	893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
461
	893.135(1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
462
	893.135(1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
463
	893.135(1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
464
	893.135(1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
465
	893.135(1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
466
	893.135(1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
467
	893.135(1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
468
	893.135(1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
469
	896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
470
	896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
471
472	Section 6.  Subsection (1) of section 948.062, Florida
473	Statutes, is amended to read:
474	948.062  Reviewing and reporting serious offenses committed
475	by offenders placed on probation or community control.-
476	(1)  The department shall review the circumstances related
477	to an offender placed on probation or community control who has
478	been arrested while on supervision for the following offenses:
479	(a)  Any murder as provided in s. 782.04;
480	(b)  Any sexual battery as provided in s. 794.011 or s.
481	794.023;
482	(c)  Any sexual performance by a child as provided in s.
483	827.071;
484	(d)  Any kidnapping, false imprisonment, or luring of a
485	child as provided in s. 787.01, s. 787.02, or s. 787.025;
486	(e)  Any lewd and lascivious battery or lewd and lascivious
487	molestation as provided in s. 800.04(4) or (5);
488	(f)  Any aggravated child abuse as provided in s.
489	827.03(2);
490	(g)  Any robbery with a firearm or other deadly weapon,
491	home invasion robbery, or carjacking as provided in s.
492	812.13(2)(a), s. 812.135, or s. 812.133;
493	(h)  Any aggravated stalking as provided in s. 784.048(3),
494	(4), or (5);
495	(i)  Any forcible felony as provided in s. 776.08,
496	committed by any person on probation or community control who is
497	designated as a sexual predator; or
498	(j)  Any DUI manslaughter as provided in s. 316.193(3)(c),
499	or vehicular or vessel homicide as provided in s. 782.071 or s.
500	782.072, committed by any person who is on probation or
501	community control for an offense involving death or injury
502	resulting from a driving incident.
503	Section 7.  Paragraph (a) of subsection (3) of section
504	960.03, Florida Statutes, is amended to read:
505	960.03  Definitions; ss. 960.01-960.28.-As used in ss.
506	960.01-960.28, unless the context otherwise requires, the term:
507	(3)  "Crime" means:
508	(a)  A felony or misdemeanor offense committed by either an
509	adult or a juvenile which results in:
510	1.  Physical injury or death; or
511	2.  Psychiatric or psychological injury to a person younger
512	than 18 years of age who was not physically injured by the
513	criminal act.
514
515	The term also includes any such criminal act which is committed
516	within this state but which falls exclusively within federal
517	jurisdiction.
518	Section 8.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.